(a) Generally. — Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving a copy of the summons, complaint, and all other papers filed with it at the individual’s dwelling house or usual place of abode with a resident of suitable age and discretion; or (3) by mailing to the person to be served a copy of the summons, complaint, and all other papers filed with it by certified mail requesting: “Restricted Delivery — show to whom, date, address of delivery.” Service by certified mail under this Rule is complete upon delivery. Service outside of the State may also be made in the manner prescribed by the court or prescribed by the foreign jurisdiction if reasonably calculated to give actual notice.
Rule 3-121.Process — Service — In personam
District Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 3-121 lists the ways to serve a summons and complaint on an individual defendant in a District Court in personam action, including personal delivery, leaving papers at the defendant's home, and certified mail.
Full Text of Rule 3-121
(b) Evasion of service. — When proof is made by affidavit that a defendant has acted to evade service, the court may order that service be made by mailing a copy of the summons, complaint, and all other papers filed with it to the defendant at the defendant’s last known residence and delivering a copy of each to a person of suitable age and discretion at the place of business of the defendant.
(c) By order of court. — When proof is made by affidavit that good faith efforts to serve the defendant pursuant to section (a) of this Rule have not succeeded and that service pursuant to section (b) of this Rule is inapplicable or impracticable, the court may order any other means of service that it deems appropriate in the circumstances and reasonably calculated to give actual notice.
(d) Methods not exclusive. — The methods of service provided in this Rule are in addition to and not exclusive of any other means of service that may be provided by statute or rule for obtaining jurisdiction over a defendant.
Amendment History
Amended Oct. 5, 1999; Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is derived as follows:
Section (a) is derived from former M.D.R. 104 b 1 and 2, and 107 a 1 and 2 and the 1993 version of Fed.R.Civ.P. 4
Plain-English Summary
Rule 3-121 sets out how a plaintiff gets a summons and complaint into a defendant's hands so the District Court can exercise personal jurisdiction. Section (a) offers three standard routes: hand the papers directly to the person, leave them at the defendant's home with a resident of suitable age and discretion, or send them by certified mail marked "Restricted Delivery" so the carrier records who signed for them, when, and where. Service by certified mail counts as complete the moment it's delivered, not when the plaintiff mails it. The rule also lets a party serve a defendant outside Maryland, either the way the court directs or the way the foreign jurisdiction's own law allows, as long as the method is reasonably calculated to give the defendant actual notice.
Sections (b) and (c) cover defendants who dodge service. If a plaintiff swears by affidavit that a defendant has acted to avoid being served, the court can order service by mailing papers to the defendant's last known residence and delivering a copy to someone of suitable age and discretion at the defendant's workplace. If even that path is unavailable or won't work, and the plaintiff shows by affidavit that good-faith efforts under section (a) already failed, the court can approve any other method reasonably calculated to reach the defendant. Section (d) makes clear these are not the only ways to serve someone — other statutes and rules can supply additional methods for establishing jurisdiction.
Frequently Asked Questions
Does certified mail service count once I send it or once the defendant gets it?
Service by certified mail under Rule 3-121 is complete on delivery, not on mailing. The Restricted Delivery notation means the postal carrier records who signed for the papers, the date, and the delivery address, which gives the court a record of when service became effective.
Who can accept substitute service at a defendant's home?
A copy of the summons and complaint may be left at the individual defendant's dwelling house or usual place of abode with a resident of that home who is of suitable age and discretion. The rule doesn't set a specific age; it depends on whether the person is mature enough to understand the papers need to reach the defendant.
What can a plaintiff do if a defendant is avoiding service?
Under section (b), once the plaintiff files an affidavit showing the defendant has acted to evade service, the court may order service by mailing papers to the defendant's last known residence and separately delivering a copy to a suitable person at the defendant's place of business.
What if evasion-based service under section (b) still won't work?
Section (c) lets the court authorize any other method of service it finds appropriate and reasonably calculated to give the defendant actual notice, but only after the plaintiff shows by affidavit that good-faith efforts under section (a) failed and that service under section (b) is inapplicable or impracticable.
Can a defendant be served outside Maryland?
Yes. Section (a) allows service outside the state in the manner the court prescribes or in the manner allowed under the foreign jurisdiction's law, provided the method is reasonably calculated to give the defendant actual notice.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
Also known as: District Court service of processserving a defendant District Court Marylandcertified mail restricted delivery serviceleaving papers at defendant homeevading service Maryland District Courtsubstitute service order of court